A BRIEF REFRESHER:
GOVERNING DOCUMENTS
AND THEIR HIERARCHY
By Tyler Kerns, Esq.
O
ne of the
fundamental
features of
community
associations
is their governing documents.
Civil Code Section 4150
defines the term “Governing
Documents” as “the
declaration and any other
documents, such as bylaws,
operating rules, articles of
incorporation, or articles of
association, which govern
the operation of the common
interest development or
association.” Civil Code
Section 4205 provides that in the event of any conflict between
the law and an association’s governing documents, the law shall
prevail. That section then sets forth the hierarchy of the governing
documents to the extent of any conflicts between them as follows:
(1) the declaration; (2) the articles of incorporation; (3) the bylaws;
and (4) the operating rules. Each type of governing document is
described below in that order.
Declaration
The declaration, which is often titled the Declaration of Covenants,
Conditions and Restrictions (“CC&Rs”), generally includes
provisions affecting the property, such as assessment obligations,
maintenance responsibilities, use restrictions, architectural control,
and insurance requirements, among others. The declaration is
recorded at the county recorder’s office, and its provisions run with
the property and are binding upon all owners.
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SAN DIEGO COMMUNITY INSIDER
FALL 2019